Saturday, April 30, 2011

Nokia v. Apple @ ITC: Moving Forward

Nokia's request for a USITC investigation based in part upon PalmPilot sync patents has been granted.  From the ITC news release:

April 26, 2011
News Release 11-039
Inv. No. 337-TA-771
Contact: Peg O'Laughlin, 202-205-1819

USITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN ELECTRONIC DEVICES, INCLUDING MOBILE PHONES, MOBILE TABLETS, PORTABLE MUSIC PLAYERS, AND COMPUTERS, AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices, including mobile phones, mobile tablets, portable music players, and computers, and components thereof. The products at issue in this investigation are smartphones, music players, and computers.

The investigation is based on a complaint filed by Nokia Corporation of Finland; Nokia, Inc., of White Plains, NY; and Intellisync Corporation of White Plains, NY, on March 28, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic devices, including mobile phones, mobile tablets, portable music players, and computers, and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.

The USITC has identified Apple Inc. of Cupertino, CA, as the respondent in this investigation.

By instituting this investigation (337-TA-771), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

 

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